Trademark Rights Don't Cover Promo Items: EU Court

Law360, New York (January 20, 2009, 12:00 AM EST) -- Under European law, a trademark is not put to “genuine use” if it appears on a free promotional item that is given away with the purchase of other goods, the European Court of Justice has ruled.

The ECJ handed down the judgment clarifying the “genuine use” of a trademark on Thursday. The ruling came as a blow to Austrian clothing company Maselli-Strickmode GmbH, which sought to protect the use of its “Wellness” trademark on drink bottles it gave away to customers who purchased clothing.